Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-01-29
ON TRIAL.
The Sunday Law Violators Up Before
Justice Dingevon.

AT nal1-pa6t TWO O'CLOCK yeeVeiOay u
District Court room Of the Court Hous
was partially filled With spectators inter
ested in the trial OF the proprietors an
managers of the three variety theaters {
Butte, who were arrested for keeping ope
their places of business on Sunday in vic
lation of the Territorial law. which reads
.'SEo. 142. It shall be unlawful for an,
person to keep open any play house, thea
ter, dance-bouse, hurdy-eurdy house. pris
ring, race track, OF to keep open any bank
ing game at cards. on the first day OF tn
week, commonly called Sunday, or tn
Lords Day."
On the case Of Gordon and Ritchi
being called, Nj. Duffy, Of counsel TO
defendants. asked leave to Withdraw
the plea Of mot guilty" entered. Thi
being granted. he made a motion t,
dismiss, on the ground that sections "a:
and $50 of the General Laws CT Montan.
are unconstitutional, conflicting with articl
IA, section 1, OF the amendments to tn
Constitution of the United States. Tha'
the enforced observance OF q day hele
sacred by persons of one creed, or sect, is
discri Lination in favor of that sect and o
the persons of that creed, and therefore
violation of the religious freedom OF be
levers in any other sect. That the stat
ute named, attempt to punish for q viola
ton of their provisions only specific per
sons and specific business therein described
This is in violation of the Constitution anG
laws Of the United States and with the prin
ciples Of good government.
MI. Duffy was followed by Mr.. Campbell
on the same side, who first asked that the
word maintain" should be stricken from
the complaint as surplussage. This wal
objected to by the prosecution, and OBJ
lection sustained. His line of argument
was that the defendants were authorised
to do business under a license, for which
they paid q stated sum monthly, and that
they were under that license entitled ia
carry on business every day OF the month;
also that the law of the Territory was am.
biguous, in one section stating the punish.
ment to be so much for it's violation, and
in another section no penalty being pre-
scribed for its violation; that his clients
were placed at Unfair ad vantage, and that
the complaint did not specifically state
which section OF the law they should be
in support of his motion.
The motion to dismiss was denied.
Tho defense next made a motion for a
of venue. This was argued by
Duffy for and Walsh against
The court denied the motion.
The empanelment of the jury was then
commenced. Twelve gentlemen took seats in
the jury box, and Attorney Walsh began
their examination on behalf of the Terri
OF the panel, two were excused for
not having taken out full citizenship papers.
other gentlemen took the seats made
Then the jury were taken in hasd
by MIR. Speer for the defense. The first man
Mr.. Alex. McPhail. of VAUDEVILLE precinct,
objected to as not being a resident of
Butte township. This objection was over
ruled. McPhail was accepted; but on
to the counsel that he had to 20 to
work at IL o'clock that night. and would
be discharged if he did not appear. the
court, with the consent of counsel on both
sides, excused the gentleman, for which he
Mr.. Moore, also of Walkerville precinct.
In answer to q question he said he would
:ather see the variety theaters open than
He was accepted. Mr.. Broughton,
she Walkerville merchant, was the next.
He had no preiudlces, and was accepted.
At this stage an adjournment was had
until 7:3O o'clock. On reassembling the
license excepted to the entire panel as
lrawn on account OF tho sheriff being an
Interested party, having signed one of the
petitions hat have been circu-
ated in the matter. After argument by
counsel the motion to reject the panel was
overruled. and the examination recon-
The panel O! twenty-five was ex-
with the following
gentlemen in the box,
to challenge tomorrow: Joseph
Annear, E. j. Wright, IL. II. Jones, John
Moore, Joseph Brouehton, Samuel Tonkin,
Henry Weisman, j. A. Moss. George Trem-
ey, j.. A. Ronard and L.. F. Bracey. A
lew venire was ordered issued, and counsel
or defense again objected to Sheriff Lloyd
it. Finally, to the satisfaction
# counsel on both sides 1.-THE only thing
lone during the day that was satisfactory to
the legal gentlemen engaged as counsel).
)r. Amsden, the Coroner, was selected by
he court to serve the venire, and an ad.
ournment was taken till 10 o'clock to-day.
The defense is represented by Messrs. |
)uffy, Speer and Campbell; the prosecu.
is in charge Of c. j. Walsh and County
Ittorney Dewitt, assisted by Sample H.
|rr. !